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(영문) 부산지방법원 2019.11.27 2019구단365
영업정지처분취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. From March 29, 2013, the Plaintiff filed a report with the trade name “C” at the Busan Seo-gu B 62.8 square meters, and operates a general restaurant.

B. Around 01:00 on March 25, 2018, the Plaintiff did not accurately grasp his/her identity and found that he/she provided alcoholic beverages to three juveniles (hereinafter “the primary detection”), and the police notified the Defendant on April 3, 2018. On April 9, 2018, the Defendant notified the Plaintiff of the scheduled disposition of “business suspension two months” and carried out the prior procedure for the disposition. (c) While the prior procedure for the disposition was in progress, the Plaintiff did not accurately grasp his/her status on April 15, 2018, and did not detect the fact that he/she sold alcoholic beverages to four juveniles (hereinafter “the second detection”), and was notified to the Defendant on April 16, 2018.

On April 23, 2018, the Defendant issued a three-month disposition of suspension of business (hereinafter “instant original disposition”) on December 10, 2018, after having notified the Plaintiff of the scheduled disposition of suspension of business for three months pursuant to Articles 44 and 75 of the Food Sanitation Act. On December 10, 2018, the Defendant issued a three-month disposition of suspension of business (hereinafter “instant original disposition”) for the period from December 21, 2018 to March 20, 2019.

E. On December 12, 2018, the Plaintiff filed an administrative appeal seeking the revocation of the original disposition in this case with the Busan Metropolitan City Administrative Appeals Commission, which was dismissed on January 21, 2019.

F. On February 2, 2019, the Defendant rendered a disposition that changed the period of the instant original disposition from March 7, 2019 to June 4, 2019 (hereinafter “instant original disposition”) to the Plaintiff, along with the “instant original disposition” that remains effective.

【Ground of recognition】 The fact that there has been no dispute, Gap 3, 4, Eul 1 through 8, the purport of the whole pleadings and arguments

2. The legality of the instant disposition

A. At the time of the first detection of the absence of the Plaintiff’s ground for disposition 1, the Plaintiff’s employees are female three.

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